How to Determine If You Have an OB/GYN Malpractice Case

woman with her OBGYN

If you have a female reproductive system, then you’ll have to pay a visit to an obstetrician-gynecologist or an OB/GYN at some point to ensure everything is working as it should. These professionals are trained to take care of all aspects of female reproductive health, including pregnancy, gynecological cancers, and abnormal uterine bleeding.

However, when a physician doesn’t do their job correctly, their actions can result in a medical malpractice suit. This suit involves gynecological surgical errors, birth injuries, or delayed gynecological treatment. It is crucial to consult an attorney well-versed in medical malpractice to ensure that you get the support you need to determine if you have a warranted case.

The Risks Involved in Gynecological Treatment

Like other medical procedures, there are always risks involved in gynecological treatment. Some obstetric and gynecological complications can arise that lead to unfortunate outcomes. For this reason, it is crucial to determine if the physician’s negligence and carelessness caused the resulting injury or if it was a result of an unexpected reaction in your body. Working with a seasoned medical malpractice lawyer will help you assess the risks and complications normally associated with the procedure you had and determine if physician negligence was involved.

Here are some of the potential obstetric and gynecological complications that may happen and how to identify whether there was negligence involved, allowing you to warrant a case:

Preventable Birth Injuries

Giving birth is a precarious and important process, so it is crucial to work with a reputable doctor. A birth injury can occur at any stage of pregnancy, and these injuries range from brain damage, paralysis, and fractures to death. However, in many instances, these could have been prevented. The common acts of medical malpractice that may cause injuries to infants are:

  • Improper or negligent use of forceps or vacuum;
  • Not responding correctly to signs of fetal distress;
  • Not performing a timely c-section;
  • Neglecting to act upon indications of infection in the mother or fetus;
  • Not performing the relevant prenatal tests;
  • Mismanaging prenatal care that leads to premature or complicated birth.

Diagnosing Ovarian Cancer

OB/GYN physicians who do not act on early-stage cancer may lead to the development of an aggressive, metastatic tumor, depending on the cancer’s progression. This may lead to a hysterectomy or debulking, which involves removing as much of the abnormal tumor and tissue as possible. 

However, the complication lies in the late detection of ovarian cancer, as its symptoms are often too vague to merit an early diagnosis. For this reason, physicians must thoroughly assess patients once they begin complaining of symptoms like abdominal distension or bloating and pain. If they do not act on these complaints, they may be held liable for medical malpractice.

Medical Malpractice in Hysterectomy

Many opt to undergo a hysterectomy, which is a surgery that removes the uterus, for many reasons. The surgeon may also remove the fallopian tubes and ovaries during the procedure. If they are negligent during or after the surgery, such as failing to administer the anesthesia properly, they can cause severe injuries. Additionally, delaying the diagnosis of gynecological cancers can also put the patient through a preventable hysterectomy, which is why physicians must be careful when examining a patient.


These instances of medical malpractice can result in tragic consequences for mothers, infants, and their families, which is why negligent physicians should be held accountable. Such injuries may lead to infants developing lifelong complications with motor skills, brain development, muscles, and other areas. By working with legal counsel in New York, you can determine if your case warrants a medical malpractice suit and receive the compensation you deserve.

If you need help navigating an injury suit, be sure to let us know at Housenbold Law. We are a team of personal injury lawyers in New York with a wealth of experience in medical malpractice, car accidents, construction accidents, and many other areas. Contact us today at (212) 354-5048 to find out how we can assist you.